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Res 2005-105
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Res 2005-105
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4/25/2006 1:31:01 PM
Creation date
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Contract
Number
2005-105
Date
8/16/2005
Volume Book
162
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<br />The City of San Marcos Facilities Service Contract <br /> <br />failure of that equipment and includes related third party labor; and (ii) activities resulting from <br />predictive maintenance surveys that are taken to avert the failure of equipment or an integral <br />part thereof during the normal useful life of such equipment. <br />"Corrective Maintenance Budget" means $100,000 per Contract Year to be <br />budgeted by the City for costs associated with Corrective Maintenance. <br />"Cost Substantiation" has the meaning described in Section 15.7. <br />"CPI" means the Consumer Price Index for the South Central Texas area. <br />"Designated Employees" means those employees currently employed by the City <br />at the Facilities to which the Company is required to offer employment pursuant to the <br />provisions of Section 5.1, as identified in Attachment A to Appendix 4. <br />"ECI" means the Employment Cost Index, Not Seasonally Adjusted, Private <br />Industry, South Region, Series J.D. ECU 132021, published by the Bureau of Labor Statistics, <br />or similar data if the BLS ceases publishing this index. <br />"Effluent" means wastewater discharged from the Facilities. <br />"Effluent Guarantee" has the meaning set forth in Section 8.2. <br />"Effluent Requirements" means those requirements set forth III the Service <br />Contract with respect to the quality of effluent following treatment at the Facilities including <br />the more stringent of the requirements of Applicable Law, and the Enhanced Standards. <br />"Effluent Re-Use Agreements" means the contracts between the City and third- <br />party users of the treated Effluent, including, but not limited to, those contracts listed as <br />Effluent Re~Use Agreements in the Table of Contents to this Service Contract. <br />"Effluent Re-Use Guarantee" has the meaning set forth in Section 8.7. <br />"Encumbrance" means any Lien, lease, mortgage, security interest, charge, <br />judgment, judicial award, stop-notice, attachment or encumbrance of any kind with respect to <br />the Facilities. <br />"Enhance d Standards" means those standards set forth in Section 8.2. <br />"Environmental Guarantee" has the meaning set forth in Section 8.6. <br />"EPA" means the United States Environmental Protection Agency and any <br />predecessor or successor agency. <br />"Event of Default" means, with respect to the Company, those items specified in <br />Section 12.2, and with respect to the City, those items specified in Section 12.3. <br />"Excessive Influent" means (1) Toxic Substances, (2) Hazardous Material, and/or <br />(3) influent in excess of the design capacity of the Facilities. <br />"Extraordinary Items Component" has the meaning set forth in Section 11.6. <br />"Facilities" means the wastewater treatment plant located at 720 River Road, <br />San Marcos, Texas as further described in Appendix 1, and all related systems, including the <br /> <br />8 <br />
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